Wii U is "effectively a 360" says Microsoft

[mike_intellivision]

Adinnieken said:

mike_intellivision said:

Except that an NDA would mean court action a d jail time if Epic did that.

 

Mike from Morgantown

You offer a logic fail, sir. 

An NDA is a civil contract.  You cannot be jailed for violating a civil contract.  If you could then you'd have something more significant than the ban hammer to worry about on VGChartz.

At worst, you would be ordered to pay damages, and the damages you would pay would be outlined in the contract you signed.

For example, several people violated the NDA when Microsoft offered Kinect under beta.  None of those individuals were jailed, they were asked, by legal demand, to send the Kinect unit back.  For some, an individual was sent to the residence to obtain the unit directly.

True -- in general. However, if it rises to the level of fraud, then there could be criminal charges.  And what was being described herein comes close to that ... seeking an SDK in order to provide information to a business rival.

 

Mike from Morgantown